May 1716, 16-31

May 16.Annapolis Royall.

154. Lt. Governor Caulfeild to the Council of Trade and
Plantations. Refers to letter of 11th Dec. Continues: As this
is the first opportunity that hath since offer'd, I doe myselfe the
honr., pursuant to yr. Lordshipps' directions, to inform you that
ye last account I had of Cape Bretton was the 10th instant at
which time there was noe vessell arrived from France tho' dayly
expected; they appear to make great preparation for fishing this
season and I am credittablie informed they take most of theire
fish at Canco and on our Eastern coast which cannot be prevented
without a shipp of warr to attend for that effect. They still
continue raiseing theire fortifications att St. Petters and Anns
etc. The Island of St. Johns which they French of this Collony
seemed to like in case they were obliged to quit us, is intierly
abandoned by those inhabitants who went there out of this
Goverment. I received a letter from the people of Mines of theire
resolution to continue in this Goverment; and are making all
preparations for improvement as formerly, and they seem
impatient to hear what is determined on theire behalfe. I can
not ommitt informing yr. Lordshipps that there are noe Courts of
Judicature here established to decide any dispute that may
happen amongst the inhabitants which I formerly endeavored
to accommidate to the sattisfaction of both partys, untill Genl.
Nicholson when here ordered that I might exhibitt my Commission
that authorized me to doe justice in civill affairs, to which I
answered that as I had the honor to command in the absence of
ye Governor I should allways endeavor to cultivate as good an
understanding amongst the people as possible, believing the same
esential for H.M. service, and tho' I had noe Commission for that
effect yett I held myselfe bleamable to suffer injustice to be don
before me without takeing notice thereof, haveing never interposed farther then by the consent of both parties, and I humblie
desier your Lordshipps will direct something on that head.
Refers to enclosed, shewing our necessity for beding with which
the garrison hath never been supplyed since our arrival here
neare five years; and as to our cloathing of which there is noe
species butt coats remaining in store are rotten and at such
excessive prizes that the men refuse them as not fitt for service
(with which I hope Mr. Sherreff fully acquainted yr. Lordshipps)
soe that at this time there is butt five soldiers that mount the
Gard that have either shooes, stockings, or shirts, to which
if some speedy remedy be not applyed, I leave yr. Lordshipps
to judge of the consequences, which I have allways to ye uttmost
of my ability laboured to prevent and shall still continue the same.
Recommends petition of Mr. Skeen enclosed etc. Signed, Tho.
Caulfeild. Endorsed, Recd. 20th, Read 21st Aug., 1716. 3 pp.
Enclosed,

154. ii. Petition of William Skeen, Surgeon to the garrison at
Annapolis Royal, to the Council of Trade and Plantations. Prays that his pay may be increased so as to be
equal to that of other foreign garrisons. He is allowed
only 3s. a day by the present establishment, so that he
cannot keep a servant, and is in debt. Governor
Nicholson promised to secure him an alteration to 5s.
etc. Same endorsement. 1 p. [C.O. 217, 2. Nos.
18, 18 i., ii.; and (without enclosures) 218, 1. pp. 310–313; and (abstract of covering letter) 217, 30. p. 5.]

156. Mr. Secretary Stanhope to Governor Walter Hamilton.
Col. Parke late Governor of the Leeward Islands having made a
grant of 500 acres of land lying in St. Christophers to Capt.
Robert Clarke Commander of a man of war, who was some time
afterwards killed in a sea fight, and the ship blown up with all
his papers, by which means those who claim under him are
disabled from making out their title to the said estate, I desire
therefore you will cause the records of those Islands to be searched,
and procure copies of all entrys that shall be found therein relating
to the said grant, and transmit them to me by the first opportunity
etc. Signed, James Stanhope. [C.O. 5, 190. p. 347.]

158. Mr. Secretary Stanhope to the Council of Trade and
Plantations. I am commanded to signify to you H.M. pleasure,
that you forthwith prepare the drat. of a Commission from H.M.
determining, annulling and superseding the former Commission
granted to the Lord Archibald Hamilton as to all effects, and for
appointing and constituting Peter Heywood, Esq., or in case of
his death or absence the oldest Councillor of the said Island to be
in the place of, and to take upon him the Government of the sd.
Island of Jamaica and the Territories depending thereon in
America; and you are also to prepare a draught of Instructions
proper for the said Peter Heywood and suited to the trade and
interests of H.M. subjects of that Island, and you are particularly
to take notice that there having been several abuses committed
of late under the covert of Commissions granted by the said
Lord Archibald Hamilton to the prejudice of the Treaties between
this Crown and that of Spain, the said Peter Heywood and the
Council are to be instructed to make strict inquiry into such
Commissions, and into all abuses, piracies and robberies committed of late upon the Spaniards in the Gulph of Florida or
elsewhere, and to seize all persons they shall find guilty, and send
them over hither with their effects and such evidence as may be
proper to convict them according to law, and they are to be
instructed to inquire into the conduct of the said Governor in
this matter, and if they find that he has been concerned in these
unjustifiable practices, they are to take care that he be put under
arrest, and his effects seized and sent over with him by the first
ship that shall come from that Island. Signed, James Stanhope.
Endorsed, Recd. Read 19th May, 1716. 2 pp. Enclosed,

158. i. Extract of a letter from Don Juan Francisco del Valle
to the Marquis de Monteleon. Jamaica, 18th March,
1715/16. The writer was sent by the Governor of the
Havana to the Governor of Jamaica to complain,
that he suffered ships to be fitted out in the Island,
under pretext of cruising upon pirates, but that instead
of that they committed many hostilities on the ships
and dominions of the King of Spain. That some of
them had landed near the Havana and committed
hostilities there. That on 26th Jan. one of these
vessels arriv'd at Jamaica, who in company with another
had cast anchor in the Canal of Bahama on the coast of
Florida, near the Spanish camp, under Spanish colours,
they laid still till night, and then landed their people,
who the next morning march'd to the camp with their
arms; upon which the Spanish Commanding Officer
ask'd them, if it was war, they answer'd no, but that
they came to fish for the wrecks, to which the Officer
said, that there was nothing of theirs there, that the
vessels belonged to his Catholick Majesty and that he
and his people were looking for the said treasure; but
seeing that his insinuations were of no use, he profer'd
them 25,000 pieces of eight, which they wou'd not be
satisfy'd with, but took all the silver they had and stript
the people taking likewise away four small cannon, two
of them brass, and nail'd two large ones (all which were
to defend a parapet they had thrown up to defend
themselves from the Indians.) They carried away to
the value of 120,000 pieces of eight, besides the wrought
silver, this is what the captors own themselves, from
whence it is inferr'd, that there was a great deal more.
That he demanded of Lord Archibald (1) that he shou'd
issue a Proclamation agst. those who shou'd fit out
vessels on the like account. (2) That one of the two
English men of war that were then in Jamaica shou'd
be sent to their camp to order all the privateers to
return. (3) That the silver taken by these two vessels
shou'd be returned. (4) That the captors shou'd be
punish'd. That the 7th of Feb. another Spanish vessel
came into this Port from Vera Cruz and was bound
for the Havana; a few days after she sail'd from hence
she met with bad weather, which oblig'd her to throw
overboard her guns and some of her cargo and being
come in sight of the Havana she met an English ship,
who was one of them who had been at the Spanish
camp, the English sent on board her, and finding that
she was loaden with silver, corn etc. they took her,
alledging that this vessel was taken by the Spaniards
on the coast of Porto Velo, with several goods on board,
and that they wou'd keep her till restitution was made.
This vessel was taken by the Spaniards being she was
trading to places where strangers are not suffer'd to
trade. That the English Captain had told him that the
Govr. own'd a fourth part of his vessel. This vessel
was worth 150,000 pieces of eight, several Gentlemen of
Jamaica say publickly that the Governor is part owner
of all the vessels which have been sent to our camp.
That the inhabitants of Jamaica still went on to fit out
privateers in the most publick manner. That their
final answer was that what the two privateers had
taken should be put into the Royal Treasury, until the
Spaniards had made satisfaction to the inhabitants of
Jamaica, for what they had taken from them. Same
endorsement. 3¾ pp.

158. iii. Don Juan del Valle to Governor Lord A. Hamilton.
Since presenting Memorial (v. No. 1. supra) the writer
learns that divers others of his Britannick Maty's.
subjects, with two sloops belonging to this Island,
have lately in a hostile and pyratical manner landed
upon his Catholick Maty's. Dominions in the Channel
of the Bahamas on the coast of Florida, under pretence
of looking for pyrates, but in reality have committed
the highest act of piracy, upon his said Catholic
Majesty's subjects by forcibly taking from them in value
above 120,000 pieces of eight, wch. being not only against
the Treaties of Peace and Commerce between their sd.
Maties. but against the laws of Christianity and of
Nations, etc. As Deputy of the Governor and Council
of Commerce of the Havana prays H.E. (1) by proclamation to recall all H.M. subjects belonging to his government, and to inhibit them to dive or fish upon the Flotta
stranded near the Bahama Islands, and coast of Florida,
part of his Catholick Majesty's Dominions, and likewise
to prevent others now preparing in this Island to
do the same. (2) That the effects pyratically taken
as aforesaid be restored by the owners of the sloops
etc. (3) That all money and effects taken out of the
sd. Flota be likewise restored so soon as the same shall
arrive into H.E.'s government etc. (4) That since 'tis
most evident there is a piracy committed by persons
now under H.E. Govt., they may be secur'd and brought
to justice, the Deputy not doubting to give H.E. full
satisfaction in the premises, etc. Same endorsement.
Copy. 3¼ pp.

158. iv. Captain Balchen, H.M.S. Diamond, to Mr. Burchet.
The Nore, 13th May, 1716. In Novr. there was two
sloops fitted out of Jamaica, one belonging to Capt.
Edward James, the other to Capt. Jennings, which had
my Lord Hamilton's Commission for suppressing of
piracys, but this design, as they said themselves was
upon the wrecks; they went to sea and in a shorter
time than cou'd be expected, return'd again with a
considerable sum of mony, etc., as No. 1. Continues:—which I cou'd not forbear saying I thought to be the
greatest of piracy; and indeed 'tis blam'd by some of
the Island; but by those who had share of the mony
thought just. Since that there has been at least 20
sloops fitted out for the wrecks, and if I had stay'd a
week longer, I do believe I shou'd not have had men
enough to have brought home, I lost ten in two days
before I sail'd being all mad to go a wrecking as they
term it. For the generality of the Island think they
have right to fish upon the wrecks, although the Spaniards have not quitted them. They say at Jamaica
that the Spaniards are indebted to that Island a considerable sum of mony, and they must repay themselves.
Same endorsement. Copy. 1½ pp.

158. v. Deposition of Samuel Page, Secretary and Commissary
of Jamaica. 15th May, 1716. About 6th Feb. last a
Spanish sloop was sent into Port Royal by Francis
Fernando Amulato, commander of the sloop Bennet,
commissioned by Governor Lord A. Hamilton, 12th
Dec. last. The commander of the Spanish sloop
affirmed that the said Spanish sloop had on board her
at the time of her capture to the value of 250,000
pieces of eight, and Fernando after he had taken all
the mony, jewels and fine goods out of her, sent her with
the bulky part of her cargo to Port Royal to be condemned, with a letter to the Governor purporting that
she was formerly taken by the Spaniards from the
English, and that he wou'd remain at sea with the
mony until she was condemn'd. Deponent heard that
the Spanish sloop with her whole cargo was condemned
7th March last, etc. The sloops Eagle and Barsheba
were commissioned 21st Nov. last by Governor Lord A.
Hamilton to go to sea for six months, which returned
having first robbed the subjects of the King of Spain
on the Florida shoare of the value of 120,000 pieces of
eight which was divided between those concerned,
Whereupon Don Juan del Valle presented a second
memorial (v. No. iii supra) to the Governor, praying
that the effects taken oyratically as aforesaid shou'd
be restored, and that all others inhabitants of Jamaica
may be inhibited from such like practices, etc. Not-withstanding
which the said sloops again sail'd with the
Governor's Commission, well fitted with warlike stores,
to which memorial Don Juan cou'd receive no other
answer from the Governor than that the Florida shoar
was part of the King of England's dominions, and that
as the Spaniards had seized on some English vessels
since the Peace, he believ'd the Spaniards were indebted
to the English more than those Spanish effects wou'd
answer. Don Juan inforn'd deponent that he hath
trac'd some of the money so piractically taken to the
Govr. of Jamaica's house, which deponent is the rather
satisfy'd of the truth of that the Govr. made an overture
to Capt. Davis, H.M. sloop jamaica, as the said Capt.
informed deponent, to fish upon the coast of Florida
upon shares with the Govr., which Capt. Davis and his
Commodore resented. And the said Commodore, Capt.
Balcher, wou'd not admit the said sloop to go to sea on
such an errand, tho' the Commondore upon hearing that
the Govr. had commissioned ten sloops to go to sea in
warlike manner, acquainted the Govr. of Jamaica, that
the King's ships under his command were ready to
cruize for pirates were there any occasion to which he
receiv'd answer that he had otherwise provided for
that service, etc. Signed, Sam. Page. Same endorsement. Copy. 5¼ pp.

158. vi. Deposition of Walter Adlington, late of Portugal, in
Jamaica, merchant. 15th May, 1716. Hanry Vanholt
told deponent that he drew a bill of sale for a transference
of a share of the sloop Bennett from Fernando to
the Governor before she went to sea and tool the
Spanish sloop, etc. Confirms preceding. Signed, Walter
Adlington. Same endorsement. Copy. 2¾ pp.

158. vii. Representation of Merchants against Governor Lord
A. Hamilton. By the Peace of Utrecht between Spain
and Great Britain, nothing was more strenuously capitulated than the good correspondency between the subjects
of the two Crowns, etc. Whosoever should violate it,
may justly be deemed a disturber of the Peace and not
faithful to his Monarch, etc. It is evident that under
the pretence of a report that there were pirates upon the
coasts of America, they fitted out at Jamaica 14 sloops
mann'd with about 3,000 men to cleat those seas, but
the remedy was worse than the disease. One of those
sloops commanded by a tawny Moor called Fernando
Fernandez, seized a Spanish sloop commanded by Don
Manuel de Aranburu, wch. went as a register ship from
Vera Cruz to the Havana, saying he had orders from the
Governor of Jamaica to do so by all the ships he should
meet with either Spanish or French, etc., ut supra.
Aramburu having obtained to speak with the Govr., he
affirmed that what Fernandez had done was piracy and
without any order from him. This tawny Moore has
an estate at Jamaica and has given good security for his
navigation. It is rightly required that restitution be
made upon Aramburu's affidavit, etc., for it was downright robbery etc. The English sloops under pretence
of clearing the coasts of pirates, against all equity
have been diving for the silver wch. was lost on the
Flota at Palmar, they have also taken away by force of
arms what they could of that which the Spaniards got
out of the wreck, proceeding so far in their tyrannical
covetousness that they put those they met to the
punishment and torment, for to know where they had
hid their treasure, etc. This is breaking the bands of
the law both divine and humane. This is deviating from
the publick faith. Same endorsement. Copy. 3¾ pp.

158. viii. [? Samuel] Page to Sir Gilbert Heathcote. 8th May,
1716. My ill state of health obliging me to leave
Jamaica 6th March last, the Speaker of the late
Assembly together with the principal merchants and
planters, besought me to make application in particular
to you, and such other gentlemen who have the welfare
of that deprest Island at heart, to be assisting in getting
their Address presented to his most sacred Majesty,
etc. His Excellency has not only got removed from the
Council gentlemen who have in all times been zealously
affected to the Act of Succession, but also removed from
all posts civil and military the principal planters and
inhabitants, who in King William's reign, and since,
defended that Island against all the efforts of the
common enemy, and has put in their places persons not
only of very notable disaffection to the late happy
Revolution, and the present Govnt., but of indigent
fortunes, illiterate and of scandalous characters. The
Assembly in one of their messages in Febry. last
thought it their duty to tell H.E. that it had been a
particular comfort to them, and those they represented,
if some glimmerings of that zeal which would now
appear so strong in H.E. and some about him, had been
found towards his Majesty, about the end of her late
Majesty's reign. And that the Fort at Port Royal,
which cost the Govnt. about £100,000, tho' reported
to be in that miserable condition by the Committees
of both bodies appointed at the late critical juncture of
affairs to view the same, very little care has been taken
therein. And tho' the Assembly in Decr. last desired
that a Committee of their body may with a Committee
of the Council have leave to inspect into the fortifications, the same cou'd not be obtain'd. And the Fort
still remains under the command of one Dr. John
Stewart who cannot be supposed to be in any respect
equal to that important trust. Refers to H.E. granting
commissions to the 10 sloops etc., ut supra. Signed,
Page. Same endorsement. Copy. 3 pp.

158. ix. Draft of H.M. letter to Peter Heywood for securing
the persons and effects of those concerned in the
piracies committed against the Spaniards, and sending
them home with evidence for their trial, etc., as ordered
in covering letter supra. Same endorsement. 2¼ pp.

158. xi. (a) Representation of the Assembly of Jamaica to the
King. Lamenting the miserable state of this once
flourishing Island, we cannot but enquire into the cause,
encouraged by your Majesty's late assurance of the great
regard you have for the safety and prosperity of this
your Island, etc. Following the report of a Committee
of the House appointed to consider the state of the
Island (cf. March 5), we find that H.E., upon his arrival,
was received with as much respect and deference as
ever any Governor met with. Immediately after his
arrival some few persons by fawning and other subtil
practices so far insinuated themselves into H.E.'s
affection as to be able to mislead his judgment and
wickedly apply his authority to support their own
corrupt designs, which were carried into execution in
the many unwarrantable proceedings of the Governor's
first Assembly, many of whom being in debt were
privileged for above two years from suits; as also in the
trade openly [sic] the Governor with the French
Colonies in Nov., 1712, whereby indico and other goods
was brought to Jamaica and sold for gold and silver to
the ruin of indico planters, etc., not to mention the Act
passed in the Assembly whereby all wills and testaments
may be rendered impracticable to be executed by ye
executors in order to give the Governmt. a power of
granting administration to his said favourites or others
in trust for them. The principal actors in bringing
this misery upon the Island were Dr. John Stewart,
Richd. Rigby, Wm. Broderick, none of whom had any
plantation in the Island, the first being Physician to
H.E. and one of the Council and the last Attorney
General who so far deviated from his worthy family,
that apostate like is the great promoter of oppression
and creator of differences amongst the inhabitants.
The better to effect their purposes, Richd. Rigby
was secretly dispatched to Great Britain in Jan., 1712,
to solicit the late Ministry (among other requisites)
to have such of the Council here removed as could not
be prevailed upon to fall into the same measures (which
has been since effected and given as a reason for their
removal that they voted contrary to the Governor's
pleasure) whilst Stewart and Broderick industriously
aspersed many of your Majesty's subjects here and
Broderick by his circular letters to the Freeholders
threatned all those who would vote against the Governor's
intrest, which he called Prerogative, and represented
those who would as of seditious republican antimonarchical principles, and accordingly prevailed with
H.E. as such to represent us to the late Lords Commissrs.
for Trade, thereby intending not only to raise sedition
but to lessen the planters (of known loyalty and integrity
to your Majesty) and best families of this Island in the
opinion of her late Majesty, and renders most men of
any fortune in this Island odious in the esteem of ye
people, the better to influence the elections of a second
Assembly, etc. Finding the measures taken in such
second Assembly insuccessful, Stewart and Broderick
by their credit with H.E. prevailed with him to dissolve
it (partly to protect Broderick who was under a prosecution upon the Assembly and Council's application)
notwithstanding the good disposition that body met the
Governor as appears by their very dutiful address and
the many good laws they had passed and were then
framing, to wit, to prevent trade with the French, to increase
the Revenue by selling all escheats at the real vallue, and
other Acts for subsistance of the Regiment there, and
yet tho' they had occasion to address her late Majesty
twice upon matters of the greatest concernmt. to 'em
his Lordship's concurrence could not be obtained in
regard the said Assembly had not first addressed H.M.
upon what he called the Glorious Peace and after they
had sat three months were told by the Governor they
must have no recess till they had raised more mony,
which being then impracticable (the publick accounts
being unstated), were dissolved, and John Stewart to
possess the electors with the evil impressions of their
representatives, in his own handwriting delivered the
then Attorny General (in H.E. name) certain odious
heads in order to draw up a Proclamation for the said
dissolution which directions the said Attorny General
being commandd. to pursue were drawn in form which
your Assembly beg leave with all humility to represent
as an abuse of her Majesty's name and authority and
little better than libelling (under the Broad Seal of this
your Majesty's Island) the preceding Assembly and
proclaiming them guilty of betraying the liberties they
represented, etc. Upon calling a third Assembly the
most corrupt and unfair practices were used by the
Govr., Stewart and Broderick who contrived it so as in
some places none was to have notice of elections but
those they were sure would vote for their intrest and
that only the morning or night before the election, in
another place the election was closed upon a signal
made by Stewart to the Sherriff's Deputy. And in
others Broderick determined the qualifications of the
electors which the Sherriff abided by whereby many
Freeholders were deprived of their right but when all
these practices would not prevail and that an Assembly
of the estated men were chosen the next thing after
addressing your Majesty on your accession was to
appoint a Committee to enquire into the said practises
to prevent which Jon. Stewart and Wm. Broderick
by their influence on H.E. prevailed with him the 3rd
day after their meeting to prorogue the same and which
in some days after they procured to be dissolved.
As the only means now left, Stewart and Broderick
prevailed with H.E. to remove from all posts civil and
military the principal planters and inhabitants who in
the late King William's reign and since defended this
Island against all the efforts of the then enemy of the
Crown, and who in their power would and will assert,
maintain and defend your sacred Majesty's undoubted
title to this or any part of your Dominions against all
Pretenders. To supply the vacancies, commissions
civil and military were promiscuously offered and given,
as well to the obscure and unknown as to persons of
scandalous characters and indigent fortunes and of
known disaffection to your Majesty (of which number
Papists and Jacobites have been countenanc'd and
employ'd). Former Assemblys agreeable to this endeavouring to prevent the inconveniencies that attended
the confirming some laws in Great Britain by passing
an Act to raise £300 pr. annum for three years to defray the
necessary charge of soliciting and representing our affairs
in Great Britain, which always proved ineffectual and
has been chiefly obstructed by H.E. as we apprehend
by the advice of Stewart, Rigby and Broderick and the
majority of the Council knowing it might be a check
upon their unwarrantable proceedings. Your Assembly
also craves leave to lay before your Majesty a specimen
of the unkind and indirect means made use of to induce
her late Majesty since the Peace to form and continue
two Independant Companies here by H.E. representing,
10th Oct., 1713, that the negroes in open day had
cut two white men in pieces, from which his Lordship
inferred the necessity of keeping regular forces on foot
and withall adding we were not fit to be left by ourselves. No instance during his Governmt. can be
produced when the regular forces were ever employ'd
or sent out in order to reduce rebellious negroes, but
that service has at all times been left entirely to the
care, cost and labour of the inhabitants. In another
letter, 27th of the same month he was pleased to say the
country would chearfully go into measures for making
provisions for the soldiers notwithstanding the factious
endeavours of a few who have never been satisfy'd
with any Governmt., by which H.E. must mean the
Assembly, which we apprehend to be evident, by his
choosing rather to subsist the sd. Companies out of his
and the Council's pockets, than (by calling an Assembly)
whether the country wou'd so chearfully go into his
measures, etc., and what is severe is, that tho' ye country
has been punished with sudden dissolutions of Assemblys
and a long disuse of them whereby many opportunities
have been lost of benefit to the Island yet the Govr.
would now claim ye mony he has so raised and appropriated without any law as a just debt which tho the
Council agree with him, etc.; yet if yielded to might
prove of fatal consequences to the liberty of the people,
as tending to the disuse of Assemblies, which neither
this nor future Assemblies will ever agree to, conceiving
it to be nothing less than the Governor and Council's
raising money upon the subjects without the concurrence
of an Assembly, which would amount to this, that the
Governor is first to execute and then get a law to
establish such execution, etc. This we apprehend to
be one of the causes of the disagreemt. between the
Council Board and Assemblies. Your faithful Assembly
cannot but with the utmost concern represent the little
care taken in the late critical juncture of affairs of the
fortifications, tho' reported in that miserable state by
the Committees of the Council and Assemblies, and that
the Commanding Officer of Fort Charles on Port Royal
refused those Committees to have a view or take any
account of the powder, tho' the same be a considerable
branch of the Revenue of this Island and if rightly
apply'd would with the settled Revenue more than
answer the contingencies of the Governmt., neither
can we omit taking notice of the discouragemt. Port
Royal, the only place of strength in the Island, has of
late met with not only in the late appointment of
and the officers there to take care of it such as a Colonel
made that was then either at Barbadoes (and had been
absent two years, or amongst the Windward Islands) a
Lieut. Colonel that lived at least 40 miles distant and
had no known place of residence in the parish of Port
Royal, a Capn. of the Fort Dr. Stewart who lived 12
miles from it; and cannot be supposed to be in any
respect equal to so important a charge but is intrusted
with the key of the Island to answer private views which
is visible by his continuing in such trust when a Lt.
Colonel in H.M. service [who] now resides in the Fort
as one of the Captains of the Independant Companies
and must be thought a more proper commander. And
we cannot help reflecting that in case this Island had
been attacked etc., it must in all probability have
fallen a sacrifice, and tho' piles and materials were
provided at great expence to the country to carry on a
new line which would be the most defensive piece of
fortification about Port Royal and then adjudged
necessary by the Assembly as also by that good officer
Capt. Hawkins, yet most if not all of the said materials
are made away with, without any progress made therein.
Quote messages sent by them to the Council concerning
the fortifications, Dec., 1715. Continue:—Private
interest was the chief if not the only inducement to
procure Independant Companies to be form'd after the
reducement of Col. Handyside's Regimt. which will
best appear, not to mention the advantage of disposing
of Commissions by the discharging from the said
Company's tradesmen and others for very considerable
sums and granting furlows upon terms of allowing your
Majy's. pay and the country's subsistance (when paid in
money) together with a benefit of receiving the men's
pay in sterling money, in lieu whereof the soldiers
received only current mony of Jamaica wch. is a loss
to them 30 or 35 p.c. It is with the highest reluctance
your faithfull Assembly approach your sacred Maty.
with their complaints at a time when your Kingdoms
are disturb'd by intestine and unnatural rebellions etc.,
but doubting when we may have another opportunity of
acquainting your Majesty that our usual privileges,
libertys and property are violated, our whole body contemptibly treated, the subjects' property invaded, the
cour(s)e of justice obstructed and Acts of Parliament
broke through by H.E. and a dispensing power of laws
assumed, and this at a time when we believ'd ourselves
for ever secured by your Majesty's happy accession in
our religion and in our property and once more rescued
from the most imminent danger of having them depend
on the courtesy of a Popish Pretender. Your faithful
Assembly out of the highest duty and deference to your
Majesty's most gracious recommendation to make an
honourable provision for the Revenue and for the
discharging all publick debts, and also to provide a
necessary subsistance for the two Independant Companys
and to answer your Matj's. Royal intentions in peopling
this your Majesty's Island us'd their utmost endeavours
to comply, etc. Enumerate titles of bills passed.

158. xi. (b) Address of the Assembly of Jamaica to the King.
Dec. 31, 1715. Assure H.M. of their loyalty and present
preceding representation in reply to H.M. letter, "expressing his great concern that there had not been good
agreement so necessary in Assemblys for publick
happiness" etc. Signed, J. Blair, Speaker. The whole
endorsed, Recd. Read 19th May, 1716. 22 pp.

158. xii. An account of the maladministration in Jamaica
during the Government of Lord Hamilton (sic). Repeats
parts of preceding. (2) There being several of his first
Assembly in debt, in order to engage their votes, he
allowed a priviledge for two years against any suits
etc. He obtained an address from them to himself for
trading with the French, which he had before writ to
the French governor to settle, sent an Agent (whom he
has since made one of ye Council) to Hispaniola to
negotiate a destructive commerce of sending indico and
sugars to Jamaica, for a return of gold and silver, which
was continued privately ever since, tho' subsequent
Assemblys have pass'd two Acts to prohibit it. To
inrich his favourites and himself he prevail'd with those
priviledged persons to pass a law annul all wills and
testaments by preventing any executor to act without
giving security to the value of the estate, whereby no
wills cou'd be performed by the persons intrusted by
the testator, and the Governor was then at liberty to
grant administration to whom he pleased. To make
himself independent of all future Assemblys, 'twas
sollicited by his favourites that an Act shou'd pass for
a perpetual duty, the ill tendency of which was perceiv'd
by all the men of fortune in the Assembly, who rather
than be in perpetual bondage, unanimously absented
themselves, which occasion'd a dissolution. (3) The
steps taken for a second Assembly were to get the then
and present Attorney General to write circular letters to
caution those who had Chancery suits not to vote
against the Governor's friends (the Governor being
Chancellor). Directions were given in the Governor's
name whom to choose, and in order to prevail for the
poorer part of the first Assembly, the votes of the first
Assembly were counterfeited by the Attorney General,
and other votes framed to shew how good patriots the
aforesaid priviledged members were, but all the men of
estates having had a tast of the pernicious designs of the
Governor and his favorites, and how dangerous it may
prove shou'd the poorer part of the Island become its
Representatives, exerted themselves and were chose by
great majoritys, and as they had most to lose, prepar'd
remedys against the French trade etc., ut supra. (6) The
Governor assumed the whole legislative power by
dispensing with the positive law, whereby a sum of
mony was rais'd and appropriated to particular uses,
and there being a sum of £8000 in a certain Commissioner's hands nam'd for that purpose by the Act,
who with two suretys executed a bond to her late
Majesty for his accounting with the Assembly for such
mony as he shou'd receive, he was imprison'd until he
paid the said £8000 to the Governor's orders, and his
bond was by the Attorney General cancell'd, in
pursuance of a warrant from the Governor tho' the bond
was given for the use of the Assembly, these acts of
arbitrary power and oppression were attended with
suspending for some days the Secretary of the Island
from the Office of Clerk of the Council only for refusing
to cancel or tear the said bond which was lodg'd in his
office. (7) The Governor has allow'd the French and
other foreigners to trade in the Island under colour of
supplying themselves with necessarys and the better to
cover the breach of the Navigation Laws, the goods so
sold by the French are enter'd as imported from Great
Britain etc. The Governor has in express words under
his hand refused to comply with the Acts of Trade,
against the advice of the late Attorney General. (8)
He has suspended the President of the Council because
he assented to a bill which the Governor did not like.
To prevent freedom of speech, he constantly sits in
Council whilst they are considering of laws, wch. he
has no right to do, but he thinks his presence will be
a check on those he can remove at pleasure, and by
this influence he plays one branch of the constitution
against the other, and to skreen himself he never fails
consulting the Council tho' in things quite foreign to
their province. Among several instances of this manner
of undermining the liberty of the subject, one happen'd
in an Order that the present Attorney General advis'd
the Governor to in favour of the old priviledged members
whereby no person was to sue in Chancery unless oath
was made by the plaintiff of the truth of his bill, by
which means the merchants in London and infants
cou'd never sue; and this Order had the sanction of
the Council; the other was calling a member of the
Assembly to an account for words spoke in the Assembly,
and a third may be look'd upon as extraordinary wch.
was that the Council charg'd it as a misdemeanor
in any person to endeavour to obtain any favour from
the Crown but through the Governor, by which 'tis
observable how dangerous it is to give a Governor a
power of suspending the Council to prevent which they
must always chime into his time. (9) By a law of the
Island every ship arriving in Jamaica is to lodge such a
quantity of gun powder in the Fort at Port Royal for
the use of the country, which the Governor wou'd never
consent to be accounted for, but has receiv'd the profits
of, as he has several sums of mony arisen by seizures
on the Acts of Navigation wch. he has not accounted
for, etc. (10) The Governor was not contented to have
several of the Council remov'd, but has protected those
who voted in elections to his mind even to the interruption of the course of justice as appears by a letter under
his hand forbidding any molestation whatsoever to such
and such persons, a priviledge that the Kings of
England are never advis'd to exercise, every man by law
having a right to seek a remedy for an injury done, wch.
the Governor of Jamaica has dispens'd with in this
instance, and wch. is not the first he tamper'd in, having
before then commanded the Judges of the Island to
set at liberty a person (tho only found guilty of man
slaughter) yet who was directed by all the Judges to be
convicted of murder and the Judges in such case having
by law a power of remanding the prisoner to goal, were
interrupted by a special direction from the Governor.
There are several other miscarriages that might swell
this into a volume, and wch. are declin'd here, on a
presumption that those already mention'd are sufficient
to intitle the people of Jamaica to H.M. most gratious
interposition in their favour. 14 pp.

158. xiv. Mr. Peter Heywood's speech to the Council, arguing
in favour of passing the Bill sent up for appropriating
several sums already raised for the subsistance of H.M.
soldiers, and discharging publick debts. Feb. 7th, 1715.
Signed, Peter Heywood. Copy. 5¼ pp.

158. xv. Further remarks by Mr. Heywood in Council, on
preceding. Feb. 26, 1715. This bill was to appropriate
money already raised and lodged in a Commissioner's
hands (Anthony Major), by a former Assembly, to be
appropriated as it, or a future Assembly, should think
fit. It is appropriated for nothing but what was
absolutely necessary, to provide for the soldiers, pay the
servants of the House, and the debts wch. the honour
of former Assemblys stood bound for, and lastly a
positive sum of £3000 to be thrown into the King's
Treasury, etc. I have been in the Council 26 years
and never disobliged any Governor or Council, although
I have not at all times hit in opinion with them, for I
always thought that the King in his Instructions to
the Governor permitted the Council to have freedom of
debate, and that they have the liberty of giving their
votes as their judgment directs, without lying under
the displeasure of the Governor and being suspended by
him and the majority of the Council (wch. no Governor
but may be always secure of) etc. Signed, Peter Heywood.
Endorsed, Recd. Read 19th May, 1716. 4½ pp.
[C.O. 137, 11. Nos. 16, 16 i.–xv.; and (without enclosures) 138, 14. pp. 415–419.]

163. Mr. Popple to Mr. Pringle. Encloses following, to be
laid "before Mr. Secretary Stanhope, that he may be appriz'd
of them before the Board wait on him on Wednesday morning
next." Annexed,

163. i. Draught of H.M. Instructions for Peter Heywood,
Commander in Chief of Jamaica. Embodies directions
for seizing the Governor and those concerned in piracies,
and their effects, etc., given by Mr. Stanhope, May 19.
For Councillors, v. May 24. Concludes:—Notwithstanding that by our Commission to you we have vested you
with all the powers in our Commission to Lord Archibald
Hamilton, it is nevertheless our will and pleasure, that
you, or the Commander in Chief for the time being,
do forbear to pass any Acts but what are immediately
necessary for the peace and wellfare of the said Island
without our particular order for that purpose, etc.
[C.O. 138, 14. pp. 423–428; and (without enclosure)
137, 46. No. 16.]

May 21.Whitehall.

164. Mr. Secretary Stanhope to the Council of Trade and
Plantations. H.M. having thought fit to remove Lord Archibald
Hamilton from the Governmt. of Jamaica, and judging it also
necessary for his service, that there should be a new Council
constituted for that Island, you are to inquire who may be the
proper persons to make up this Council, and report your opinion
for H.M. directions thereupon. Signed, James Stanhope.
Endorsed, Recd. Read 21st May, 1716. 1 p. [C.O. 137, 11. No.
17; and 138, 14. p. 428.]

May 23.Virginia.

165. Lt. Governor Spotswood to the Council of Trade and
Plantations. Abstract. Sends Minutes of Council by Dr. William
Cocke, Secretary of the Colony, whom he recommends for his good
services. Hopes that the new seal will be smaller and so more
suited to the needs of the country. Many things pass under the
present seal, scarcely smaller than the Great Seal of England, for
a fee of 20s. which hardly pays for the wax. Mr. Cocke takes
with him a transcript of the laws, referred to in former letters
(1713), in order to be printed. As a return for their pains,
hopes that the Secretary and Attorney General, Clerk of the
Council and Judge of the Admiralty, whom he appointed to draw
up a body of the laws in force, may be granted the benefit of the
impression for a term of years. Repeats complaint of ingratitude
of S. Carolina Government (v. C.S.P. Oct. 24, 1715), who have not
fulfilled any of their promises of pay and cloathing etc. to the
Virginian forces who rendered them such signal service, but have
sent them back naked and penniless, for which he is held responsible. Asks to be allowed to relieve them out of the quit–rents,
until S. Carolina does them justice etc. Signed, A. Spotswood.
Endorsed, Recd. 23rd July, Read 17th Aug., 1716. 4 pp. Printed
Va. Hist. Soc. Coll., Spotswood Papers, II. 251. Enclosed,

165. i. Copy of Address from the Lt. Governor and Council of
Virginia to the King. With hearts full of joy we
congratulate your Majesty upon the happy success of
your counsells and arms, in extinguishing an unnaturall
warr, raised in Great Britain by those rebellious subjects,
who by promoting the interest of a popish Pretender,
would have robb'd your people of the happiness they
enjoy under your Government. If your Majesty's
subjects of Virginia by their remote scituation have
been deprived of giving assistance towards directly
suppressing the late wicked rebellion, yet we humbly
presume to begg that, with your faithfull subjects of
Gt. Britain, we may be allow'd some small share in
the honour, as we take a large one in the joy of that
happy success; for we in the administration here,
have not been wanting to strengthen yor. Majesty's
hands by taking measures to prevent a diversion of
your forces against Heathens abroad, while they were
greatly needed agst. rebells at home; and having sent
such sufficient and timely succours to your distressed
subjects in Carolina, as have effectually helped them to
recover their Province, out of the hands of the barbarous
Indians, we have now rendred that assistance needless
which your Majesty has been pressed to send from
Europe, etc. Here your Majesty reigns universally in
the hearts of all your subjects, etc. Signed, A. Spotswood; E. Jennings, Robert Carter, James Blair, Phil.
Ludwell, John Smith, John Lewis, Wm. Bassett, Wm.
Cocke, Nathl, Harrison, Mann Page, E. Berkley. Same
endorsement. 1¼ pp. [C.O. 5, 1317. Nos. 43, 43 i.;
and (without enclosure) 5, 1364. pp. 403–411.]

[May 23.]

166. Robert Carey, Agent for the Virginia Indian Company,
to the Council of Trade and Plantations. Prays to be heard in
a fortnight's time in support of the Virginia Act for the better
regulating the Indian trade, etc. Endorsed, Recd. 23rd, Read
24th May, 1716. 1 p. [C.O. 5, 1317. No. 32; and 5, 1364.
pp. 372, 373.]

May 24.Whitehall.

167. Mr. Popple to Mr. Carey. Reply to preceding. Encloses
copy of opponents' memorial for an answer as soon as may be,
that a day may be appointed for hearing both sides, etc. [C.O.
5, 1364. p. 374.]

May 24.St. James's.

168. H.M. Warrant appointing Thomas Reynolds and his
son Francis, to hold by themselves or deputy, during their
lives and the life of the longer liver of them, to the office of
Provost Marshall General of Barbados, and revoking the patent
of William Forbes. Countersigned, James Stanhope. Copy. [C.O.
5, 190. pp. 341, 342.]

May 24.Whitehal.

169. Council of Trade and Plantations to Mr. Secretary
Stanhope. Reply to May 21st. We have consulted several
merchants and others concern'd in the Island of Jamaica, and
humbly propose the following may be constituted H.M. present
Council, vizt. Peter Heywood, Charles, Chaplin, Francis Rose,
John Peck, Valentine Mumby, John Blair, William Broderick,
James Risby, Ezekial Gomersal, John Willis, Thomas Beckford,
and George Bennet. Memdm. Upon enquiry at the Secry's.
Office Mr. Popple was inform'd that in the Instructions sign'd
by H.M. the name of Jno. Willis was left out and that of Thomas
Bernard inserted next after Valentine Mumby. Autograph
signatures. 1 p. [C.O. 137, 46. No. 17; and 138, 14. p. 429.]

171. Lt. Governor Spotswood to the Council of Trade and
Plantations. Abstract. Has suspended the auditor of the Revenues
for many breaches of his duty, and expects that he will be attacked
by his numerous kindred in the Council and the country. He has
already been branded by Mr. Ludwell and his adherents, who set
up as patriots, for endeavouring to oppress the people by extending the prerogative of the Crown, as in the case of the law he has
got passed for due payment of quit-rents, etc. They envy H.M.
the profits of his own revenues, and look upon all persons not
born in the country as foreigners, and seem to allow no jurisdiction
but what is established by laws of their own making. Happily
there are but few persons of figure of this stamp. The bulk of the
country is free from that infection. Appeals to his record, the
beneficial results of his lawful measures and the justice and
protection of the Board. He would have suspended Mr. Ludwell
from the Council also, for his constant opposition in the matter
of the quit-rents and regulation of the accounts, his stirring up
the people before the last election of the Burgesses, tampering
with the most mutinous of that House and betraying to them the
measures resolved on in Council, but by his new Instructions that
power is transferred to the majority of the Council. As there
are no less than seven of Ludwell's relations in the Council,
it is impossible to get a majority to consent to the suspension
of him or any other of that kindred. Criticises that Instruction.
Has been obliged to enter into a lawsuit with Mr. Ludwell
concerning his encroachments upon the lands set aside for the
Governors, and asks for an opinion on the case. In spite of his
conciliatory efforts, Mr. Ludwell, who makes it a merit to
oppose all Governors, has grossly affronted him over this matter.
Asks that he may be visited with some mark of H.M. resentment.
Signed, A. Spotswood. Endorsed, Recd. 25th July, Read 17th
Aug., 1716. 8 pp. Printed, Va. Hist. Soc. Coll. Spotswood
Papers, II. 163. Enclosed,

171. i. Observations upon the mismanagement of the King's
Revenues of Virginia, with the Lieutenant Governor's
charges against the Deputy Auditor, Philip Ludwell, for
fraud and mismanagement. Ludwell was the principal
adviser of the Assembly's Address to the King for H.M.
surrender of his whole quit-rents, falsely affirming that
H.M. predecessor had made an absolute promise thereof
to the country, etc. Signed, A. Spotswood. Same
endorsement. 8 pp.

171. ii. State of the case Rex v. Philip Ludwell in the matter of
the Governor's land. Same endorsement. 4½ pp.

171. iii. Report of the Officers of the Revenue to Lt. Governor
Spotswood upon the sources of the Revenue and the
manner of auditing and keeping the accounts. Signed,
Phil. Ludwell, Auditor, Nathl. Harrison, Dty. Recr.
Genll. 2¼ pp.

172. Thomas Coram to the Council of Trade and Plantations.
Prays to be heard against the passing of an Act lately passed in
the Massachusets Bay for erecting a light house on that coast,
etc. One of the most material matters necessary for the preservation of ships comeing in and out on that coast is wholy
neglected in the said Act, etc. Signed, Thomas Coram. Endorsed,
Recd. 25th May, Read 1st June, 1716. Addressed. Sealed.
1 p. [C.O. 5, 866. No. 86.]

May 25.Nevis.

173. Governor Hamilton to the Council of Trade and
Plantations. Repeats 30th April. Continues:— I am now returned from St. Christophers in a sloop, and my friends in
Antigua have offered £100 for a merchant ship to fetch me to
that Island where H.M. servis requires my presence, by this your
Lordships will see and judge the difficulty I am put to for want of
a man of war, which I hope your Lordships will so recommend
that if there is not one alreddy sent, it may be forthwith done
and that such orders may be given to the Captaines that they
may not be left at liberty to leave the station at theire owne
pleasure. Martha Assaillie (v. 30th April, etc.) came from
Guardaloop the day I came from St. Christophers (but being
informed that the Attorney Generall was issuing a warrant out
against her for haveing had, and destroyed a bastard child some
years ago, in this Island, for which shee then fled first to St.
Eustatia belonging to the States Generall, and afterward for
England) I tould her the Attorney Generall had something to
say to her, upon which shee withdrew, and hearing of the warrant,
shee is againe fled, etc., I suppose againe to St. Eustatia, etc.
Mr. Cunynghame is com to a better temper, and was running out
Madame D'Salenave's plantation by the sworne Surveyor when
I came away for wch. I shall pass him a patent according to H.M.
order and the report of the Surveyor. I shall embarke by the
first safe conveyance for Antigua where shall waite your Lordships' command, etc. Signed, W. Hamilton. Endorsed, Recd.
27th July, 1716, Read 5th April, 1717. 3 pp. [C.O. 152, 11.
No. 52; and 153, 13. pp. 6, 7.]

175. Mr. Secretary Stanhope to Governor Heywood. H.M.
having thought fit, upon the complaints made agst. Lord Archbald
Hamilton to remove him from the Government of Jamaica, this
accompanies H.M. Commission to you, and his Instructions to
yourself and Council named in them, whereby you are to manage
your selves, and which H.M. doubts not but you will pursue
with that probity, zeal and application that H.M. service, the
peace and quiet of the Island, and the benefit and interest of
H.M. subjects, require, as you are to expect from hence all the
necessary encouragement and support in the discharge of your
duty. As by H.M. Instructions you are directed to make inquiry
into the conduct of the Governor in relation to any concern he
may have had in the late unjustifiable practices, I am commanded
by H.M. to acquaint you that this Instruction is so to be understood, as that no enquiry is to be made into the conduct of the said
Lord Archbald, nor any resolution taken in relation to him,
in pursuance of the said Instruction, but what is done by the
Governor and Council joyntly in Council, and determined by the
majority thereof, and this you are to communicate to the Council,
that you and they may regulate yourselves accordingly. Signed,
James Stanhope. Annexed,

175. i. H.M. Instructions to Governor Haywood. St. James's
May 28, 1716. With these you will receive Our Commission, etc. You are to govern yourself by the
Instructions given to the Lord A. Hamilton, etc. The
Council to consist of Peter Haywood, Charles Chaplin,
Francis Rose, John Pecke, Valentine Mumby, Thomas
Bernard, John Blair, William Broderick, James Risby,
Ezekiel Gomersal, Thomas Beckford, and George
Bennet. Continues: And whereas it has been represented to us, that contrary to our said Instructions and
in defiance of the publick faith which is engaged for the
observation of the several Treaties concluded between
our Crown and that of Spain, divers Commissions
have of late been issued out by the Governor Lord A.
Hamilton to particular persons, who under the covert of
these Commissions have been guilty of the greatest
abuses, by committing of robberies and pyracies in
the Gulf, and on the coast of Florida and elsewhere;
and we having had this matter under our consideration,
and judging such abuses highly derogatory to the
honour of Our Crown, contrary to the faith of our
Treaties with Spain, and highly prejudicial to the
interests and trade of our subjects are resolved by all
means to discountenance and discourage such practices
by an exemplary punishment on those who are guilty
to prevent the like for the future; it is therefore Our
will and pleasure, that so soon as our Commission and
these Our Instructions shall come to your hands,
you do without loss of time make strict inquiry into such
Commissions as may have been granted by Our Governor
aforesaid, and into all abuses committed by any under
such Commissions, especially into any robberies and
pyracies committed by them upon the Spaniards in the
Gulf of Florida or elsewhere, and in case it shall appear
to you that the said Governor has been any ways
concerned in these unjustifiable practices you are to
take care that he be put under arrest and his effects
seized and sent over with him by the first ship that shall
come from Our Island. It is Our further will and
pleasure that you give orders for seizing the persons and
effects of all such as have been guilty of any robberies
and pyracies by virtue of such Commissions, and that
you take the first opportunity of sending them and their
effects hither with such proper evidence for convicting
them according to law, as you can find. And we
expect that these Our Orders shall be punctually and
faithfully executed by you. Notwithstanding that by
Our Commission to you, we have vested you with all
the powers in our Commission to the said Lord A.
Hamilton, it is nevertheless Our will and pleasure that
you or the Commander in Chief for the time being, do
forbear to pass any Acts but what are immediately
necessary for the peace and welfare of the said Island,
without Our particular Orders for that purpose according
to the 25th Article of Our Instructions to the said Lord
A. Hamilton. Signed, G.R. [C.O. 5, 190. pp. 343–346.]

May 29.New York.

176. Governor Hunter to Mr. Popple. The ship is under
saile. Cox and his friends are expell'd the house; the House
have adress'd the King, and promised to support etc. The
harvest will make some interruption in the sessions, but after
that and ye elections of some in ye room of those expell'd, all
will be easy and well in spite of Talbot and his Church, his
Champion, and his B[ishop]. Adieu I ha'nt time to say one word
more but that I am all yours. Signed, Ro. Hunter. Endorsed,
Recd. 27th July, 1716, Read 26th Nov., 1717. Holograph. 1 p.
Enclosed,

176. i. Governor Hunter to [? Ambrose Philips, Agent for
New York] New York, 29th May, 1716. To same effect
as preceding. If Cox were guilty of actual treason he
would be acquitted by Talbot's Church, who alone in
that county can be of the petty Jury, and lately acquitted
one who confessed the crime in open court. Hopes to
get rid of Talbot, and then the Province will be easy.
The Lt. Gov. of Pennsilvania, Gookin, is going home as
Cox's Ambassador. Watch him, etc. Signed and
endorsed as preceding. Holograph. 1½ pp. Printed,
N.J. Arch. 1st Ser. II. 254. [C.O. 5, 971. Nos. 22,
22 i.; and 5, 995. pp. 353–355.]

May 30.Whitehall.

177. Circular letter from the Council of Trade and
Plantations to the Governors of Plantations. Having in
the course of our considering the letters we have received
from several Governors of H.M. Plantations, and Minutes of
Council and Assembly, as likewise the Acts therewith
transmitted, found that the abstracting the said Minutes and
Acts in the margins, so that we might have the quicker recourse to
any parts thereof, wou'd very much facilitate the dispatch
of business relating thereto; we must desire you to give directions
to the proper officers that for the future all Minutes both of
Council and Assembly as likewise the Acts pass'd in be so
abstracted in the margins. [C.O. 323, 10. pp. 93, 94.]

[May 30.]

178. Petition of Col. Nicholas Laws, Francis Oldfeild, John
Moore, William Bowles, William Wood and Samuel Bernard
to the Council of Trade and Plantations. Memorialists to their
great surprize have been informed that John Stewart, Richard
Rigby, Thomas Bernard, James Archbould, John Ayscough,
John Sadler and Richard Elliston are to be dismiss'd from the
Council of Jamaica. For estates and abilities they are superior,
in zeal for the Protestant succession at least equal, and in their
public endeavours for the good of Jamaica and H.M. service,
abundantly surpassing those that can succeed them. Pray that
they may be continued as Councillors, or heard in their own
vindication. Endorsed, Recd. Read 30th May, 1716. 1 p.
[C.O. 137, 11. No. 18.]

180. Council of Trade and Plantations to the King. We
have no objection why your Majesty may not confirm the Act of
Virginia declaring what shall be accounted a sufficient seating, etc.
[C.O. 5, 1364. p. 375; and 5, 1335. No. 196.]

May 31.Whitehall.

181. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose accounts of office expenses
from Christmas to Lady Day. There is six months' salary due
to this Commission and three months to the Secretary and under
officers, etc. Accounts, certified, annexed. [C.O. 389, 37. pp.
120–122.]

May 31.Cockpitt.

182. Wm. Wood to the Council of Trade and Plantations.
Encloses following, which wee have given to Mr. Secretary
Stanhope, etc. These papers are lodged at your office to evidence
at all times that many the most considerable gentlemen of
Jamaica were not advised with nor consenting to what has been
so lately resolved upon in respect to the Governmt. of that Island,
but opposed the same to the utmost of their power. I am further
in the names of the planters, merchants and traders of Jamaica,
to desire your Lordships' instances with Mr. Secretary Stanhope
for staying the orders expedited on the affairs of Jamaica from
going till an examination of those affairs he had before your
Lordships, and upon assurance thereof, such representation as
was yesterday mentioned at your Board shall be immediately
laid before yr. Lordships, etc. Signed, Wm. Wood. Endorsed,
Recd. Read 31st May, 1716. 2 pp. Enclosed,

182. i. Petition of the planters and merchants of Jamaica
now in England to the King. The complaints against
Governor Lord A. Hamilton are not well founded, but
carried on by persons of small credit in Jamaica, etc.
Under his administration the inhabitants have been
very easy and secure. The Governor has always acted
in pursuance of H.M. Instructions. If these complaints
be examined, petitioners belive that your Majesty
will not recall the said Governor, at least not intrust any
powers with persons who we justly apprehend will
involve the innocent with the guilty, and may be
destructive of the Island. Or, if your Majesty remove
Lord Archibald, petitioners pray that some person of
honour, ability and integrity may be sent immediately
to succeed him. 1 p.

182. ii. Petition of planters, merchants and others concerned
in Jamaica to the King. Apprehensive that the great
alterations about to be made, on suggestions unknown
to most people here, may affect our properties and be
detrimental to H.M. service, pray to be heard upon the
present state of the Island. ¾ p. [C.O. 137, 11. Nos.
19, 19 i., ii.]

May 31.Whitehall.

183. Mr. Popple to Mr. Burchett. In reply to May 24th,
transmits following.

183. i. Heads of Enquiry for the Commodore of the Newfoundland Convoy. In the usual form, with alterations:—Head of Enquiry No. 32. What is the present state of the
French trade upon the Bank and Coasts of Canada and
Cape Breton, the number of their ships, boats, burthen,
men, strength etc. ? Additional Instructions:— You are
to take the most effectual methods for remedying the
irregularitys complained of, especially those committed
by the New England masters and traders (cf. March 2). As
most of the disputes wch. happen'd between the Fishing
ships and the inhabitants are in relation to the stages,
cook rooms, etc., you are to take care that the fishing
Admirals, masters of fishing ships and inhabitants in
ev'ry harbour be summon'd to meet together, and upon
a survey of the stages, cook-rooms, beeches etc., to
ascertain under their hands, what part thereof belongs
to the public uses of the fishing ships, and what part to
any other persons, according to the Act of the 10th
and 11th K. William; and you are to transmit draughts
of the sd. surveys to the Lords Commissioners for Trade
and Plantations in order to the establishing a rule for
determining the rights of the fishermen and planters
for the future. And whereas it has been represented,
that the want of a proper person to maintain order in
the winter, is another occasion of great abuses; that
season being a sort of respite from all observance of
Law and Government; to remedy which mischief it
has been propos'd that proper persons be appointed
to be judges of the harbours to decide all differences
in the winter during the absence of the Commodore
and Fishing Admirals you are to cause inquiry to be
made in the sevl. harbours, whether there be any of the
inhabitants there proper to be trusted with such a
power; and to transmit to the Lords Commissioners
for Trade, the names of such inhabitants so qualify'd.
It having been further represented, that sevl. of the
French, who remain at St. Peters, Placentia etc., bring
yearly not only their fishing tackle, but servants,
fishermen and all sorts of goods from France, which
they sell their to the prejudice of our trade from hence,
and when the fishing season is over, return to France
again: And whereas this practice is not warranted by
the late Treatys with France; you are to inquire into
the truth of the fact, and if it appear to be so as represented, you are to take especial care to prevent it by
putting in execution the Acts of Trade and Navigation,
and that relating to the New foundland Fishery. By the
sd. Treatys with France, the French are not allow'd to
erect any buildings besides stages made of boards and
huts necessary for drying fish, neither is there any
liberty given them to leave their boats at Petit Nore all
winter. You are therefore to cause enquiry to be made
whether the St. Malo men do assume to themselves such
a liberty and to give an acct. of such information, as
you shall receive to the Lords Commissrs. for Trade.
You are further to inform yourself, whether any of the
French from Cape Breton or elsewhere come in the
winter to hunt and fur at Newfoundland. And
whether any of the officers at the garrison at Placentia
are concern'd directly or indirectly by themselves or
others in the Fishery, or whether they take upon them
to dispose of fishing rooms, beeches, stages etc. to any
persons whatsoever, or hire out the soldiers to fish, etc.
[C.O. 195, 6. pp. 269–289.]

May 16.Whitehall.

184. Mr. Secretary Stanhope to Lt. Governor Moody. H.M.
having thought fit to direct the same quantity of provisions for
the use of the garison of Placentia as was sent last year, I am to
acquaint you that it was not possible to make a just computation
what provisions might be necessary, and to what time the provisions now sent may subsist the garison and that for want of
regular accounts from you of what provisions were in store when
the last were sent, and therefore to prevent this inconvenience
for the future, you will take care as soon as these provisions arrive
to transmit a particular accot. of what provisions are in store,
and the most exact computation you can make how far the
provisions now sent, with those in store, will subsist the garison
according to the number of effectives, of which you are to send
over muster-rolls signed, and in regard that the Agent of that
garison complains that the accounts of it are in the utmost
confusion, in order to the bringing them into some method, you
are to transmit a list of all the Bills drawn on the accot. of provisions etc. for the respective Companys of that garison since
the first establishment thereof, and how the same are to be
charged, distinguishing the respective years. Signed, James
Stanhope. [C.O. 5, 190. pp. 338, 339.]

May 16.Whitehall.

185. Same to Lt. Governor Caulfield. To same effect as
preceding with regard to the garison of Annapolis Royal. [C.O.
5, 190. p. 339.]